1. What is a Business Owner Visa 890?

A Business Owner Visa 890 is an Australian visa that allows individuals who own and operate a business in Australia to permanently live and work in the country. It falls under the Business Innovation and Investment (Provisional) visa (subclass 188) and is a pathway to permanent residency for eligible business owners. To be eligible for this visa, applicants must have held a provisional Business Innovation and Investment visa (subclass 188), or a Special Category visa (subclass 444) for at least one year, and meet requirements related to their business ownership, turnover, assets, and employment in Australia.

2. Who is eligible for a Business Owner Visa 890?

To be eligible for a Business Owner Visa 890, an applicant must:
1. Have owned and managed a business in Australia for at least two out of the four fiscal years prior to lodging the visa application.
2. Have had an overall successful business career.
3. Be under 55 years of age, unless exceptional circumstances apply.
4. Meet health and character requirements.
5. Have scored at least 65 points on the Australian immigration points test.
6. Hold a qualifying visa, such as a Business Owner Visa 891 or Significant Investor Visa 188A.
7. Meet certain financial requirements, which may include net assets of at least AUD$100,000 and ownership interest in one or more businesses with a total annual turnover of at least AUD$300,000.

It is important to note that meeting these basic eligibility requirements does not guarantee the grant of a Business Owner Visa 890, as other factors such as demand for your skills in Australia and overall economic needs can also play a role in the decision-making process. It is highly recommended to seek professional advice from an immigration consultant before applying for any Australian visa.

3. How do I demonstrate that I am a genuine business owner in order to qualify for the visa?

To demonstrate that you are a genuine business owner, you will need to provide evidence of your ownership and involvement in the business. This can include:

1. Business registration documents: You will need to provide a copy of your business registration certificate or other official documents that prove you are the owner of the business.

2. Business plan: A well-developed business plan that outlines your objectives, strategies, and financial projections can demonstrate your commitment and genuine intention to run a successful business.

3. Proof of investment: You may be required to show proof of investment in the business, such as bank statements showing transactions related to the business or records of property purchases or equipment investments.

4. Tax returns and financial statements: These documents can demonstrate your financial contributions and management of the business.

5. Contracts or agreements: If you have made any contracts or agreements related to your business, such as lease agreements or supplier contracts, these can serve as evidence of your involvement in the operations.

6. Employment records: If you have hired employees for your business, providing employment records can show that you are actively involved in managing the operations and overseeing staff.

7. Marketing materials: Providing marketing materials such as brochures, advertisements, or social media presence can demonstrate that you are promoting and actively building your brand.

8. References from clients or partners: Letters from clients or partners who have worked with you and can vouch for your role in the business can also serve as valuable evidence.

It is important to provide a comprehensive range of evidence to showcase your genuine involvement as a business owner. You may also want to include a personal statement explaining your background and experience in starting and running a successful businesses.

4. What are the requirements for holding a Business Owner Visa 890?

To be eligible for a Business Owner Visa (subclass 890), applicants must meet the following requirements:

1. Hold a qualifying visa: Applicants must currently hold a Business Owner Provisional visa (subclass 160, 161, 162, or 165) or a Senior Executive Provisional visa (subclass 163 or 164).

2. Meet the residency requirement: Applicants must have lived in Australia for at least one out of the two years before lodging their visa application.

3. Meet financial requirements: Applicants must demonstrate that they have successfully operated a business in Australia for at least two years and have maintained eligible investments in Australia for the last four years.

4. Demonstrate compliance with Australian law: Applicants must show that they and any dependent family members have complied with all Australian laws and undertaking associated obligations while holding their previous visas.

5. Meet health and character requirements: All applicants must meet the standard health and character requirements set by the Australian government.

6. Show commitment to continuing business activities in Australia: Applicants must provide evidence of their continued involvement in an eligible business activity in Australia.

7. Have a genuine intention to live in Australia: Applicants should provide evidence of their genuine commitment to living permanently in Australia.

8. Have English language proficiency: All applicants over 18 years old must meet English language requirements unless they are exempt.

9. Provide supporting documents: Applicants will need to provide all required documentation to support their visa application, such as identification documents, business financial statements, and investment records.

It is important to note that meeting these requirements does not guarantee approval of the visa application as there may be other factors considered by the Department of Home Affairs when assessing applications. It is recommended to seek professional advice and assistance when applying for a Business Owner Visa (subclass 890).

5. Can I apply for a Business Owner Visa 890 if I do not currently have a business in Australia?

Yes, you can still apply for a Business Owner Visa 890 if you do not currently have a business in Australia. In order to qualify for this visa, you must have previously held either a Business Innovation and Investment (Provisional) Visa 188 or a Business Talent (Permanent) Visa 132. This means that you must have already owned and operated a business in Australia before applying for the visa. Additionally, you must also meet the other eligibility requirements, such as demonstrating a commitment to maintaining business or investment activities in Australia.

6. Is there an age limit for the Business Owner Visa 890?

Yes, applicants for the Business Owner Visa 890 must be under the age of 55 at the time of application. There are some exceptions and exemptions to this age limit, which can be discussed with a migration agent or found on the Department of Home Affairs website.

7. How long does the visa application process take?

The time taken for visa processing can vary depending on the type of visa, country of application, and individual circumstances. In general, it can take anywhere from a few weeks to several months to receive a decision on your visa application. It is best to check with the specific embassy or consulate where you are applying for a more accurate estimate. Additionally, make sure to submit all required documents and follow the correct procedures to avoid any delays in the process.

8. Can my family members also be included in my visa application?

Yes, you can include your immediate family members (spouse and children) in your visa application as dependents. You will need to provide proof of your relationship with each family member, such as marriage certificates or birth certificates. They will also need to meet all the eligibility requirements for the specific visa you are applying for.

9. Will I be granted permanent residency with the Business Owner Visa 890?

Yes, if you meet all the requirements and criteria for permanent residency under the Business Owner Visa 890, you will be granted permanent residency in Australia. This visa allows individuals to establish, develop or purchase a new or existing business in Australia and live in the country permanently. However, it is important to note that permanent residency is not automatically granted and your eligibility will be assessed by the Department of Home Affairs before a decision is made.

10. Is it possible to extend my stay in Australia with this visa?

Yes, it may be possible to extend your stay in Australia with this visa. You can apply for another temporary visa or a permanent residency visa before your current visa expires. It is important to note that the conditions of your current visa, including any work restrictions, will still apply until you receive a new visa.

11. What obligations do I have as a business owner under this visa category?

As a business owner under the E-2 visa category, you have the following obligations:

1. Maintain the ongoing viability and operation of your business: You are required to ensure that your business remains in active operation throughout the duration of your stay in the US. This means that your business must generate income and has employees (if applicable).

2. Meet investment requirements: As per E-2 visa requirements, you must have invested a substantial amount of capital in establishing or acquiring a US-based enterprise.

3. Abide by the terms of your visa: As an E-2 visa holder, you are expected to comply with all the conditions specified on your visa, such as maintaining valid status, not engaging in unauthorized employment or activities, and adhering to the terms and conditions of your employment.

4. Hire American workers: While there is no specific requirement to hire American workers, it is encouraged that businesses under this category consider hiring US citizens or permanent residents first before seeking foreign workers.

5. Report material changes: You are responsible for reporting any material changes related to your business or personal circumstances during your stay in the US, including changes in ownership, structure, activities, or status.

6. Renewal of visa: The E-2 visa is valid for up to 5 years and can be extended indefinitely as long as the business remains viable and meets all other eligibility criteria.

7. Pay taxes: As a business owner and employee under this category, you must pay taxes to both federal and state governments on any income earned from your US-based enterprise.

8. Keep records: It is essential to maintain proper records related to your business operations (e.g., financial statements) as they may be requested by immigration officials during a renewal application or site visit.

9. Comply with labor laws: You must adhere to all federal and state labor laws applicable to your business operations in the United States.

10. Exit requirements: If you decide to cease your business operations in the US, you must depart the country within a reasonable time frame. Additionally, if you sell your business, you may be required to transfer your E-2 visa status to the new owners or apply for a new visa if necessary.

12. Can I change or sell my business once I have been granted the visa?

Yes, you can change or sell your business once you have been granted the visa. However, you will need to inform the immigration authorities about any changes in your business ownership or if you plan to sell your business. You may also need to provide evidence to show that the new business will still meet the eligibility requirements for the visa.

13. Can I start multiple businesses with this visa?

No, the L-1 visa is for individuals who are coming to the US to work for a specific company in a managerial or executive role. It does not allow for multiple businesses to be formed.

14. Are there any restrictions on the type of business that I can operate with this visa?

Yes, there are a few restrictions on the type of business that you can operate with this visa. The business must not involve any paid employment or work for another organization, and it must be a legitimate and legal business activity. Additionally, the business must not be in conflict with the interests of Swiss nationals or lead to excessive competition in the local market. You may also need to obtain additional permits or licenses depending on the nature of your business. It is important to consult with Swiss authorities for specific regulations and limitations for your particular industry.

15. Do I need to provide proof of my financial assets and investments when applying for this visa?

It depends on the specific visa program you are applying for and the requirements of the country you are applying to. Some visa programs may require proof of financial assets and investments as part of their eligibility criteria, while others may not. It is important to carefully review the application requirements for your chosen visa program to determine if this information is needed.

16. Will a criminal record affect my chances of obtaining the Business Owner Visa 890?

It depends on the specific details of your criminal record and the laws and regulations of the country where you are applying for the visa. Some countries may deny a visa to individuals with certain criminal convictions, while others may allow it depending on the severity of the offense and how long ago it occurred. It is important to consult with an immigration lawyer or do research on the specific requirements for obtaining a Business Owner Visa in your desired country.

17. Are there any English language requirements for this visa category?

Yes, applicants must demonstrate sufficient English language proficiency to be granted a student visa. This can be done through achieving certain minimum scores on standardized tests such as the TOEFL or IELTS, or by providing evidence of completing prior education in English-speaking countries.

18. Do I need to have previous experience as a business owner in order to apply for this visa?

No, you do not need to have previous experience as a business owner in order to apply for this visa. However, having relevant experience in running a successful business may strengthen your application and increase your chances of approval.

19.Do I need to provide evidence of job creation or economic benefits to Australia with my business in order to be approved for this visa?

Yes, applicants for the Business Innovation and Investment (Provisional) visa (subclass 188) are required to provide evidence of job creation and economic benefits to Australia in order to be approved for this visa. This includes providing a detailed business plan, financial statements, proof of investment funds, and any other relevant documents that demonstrate the potential for creating jobs and contributing to the Australian economy. The Department of Home Affairs will assess these factors as part of the visa application process.

20.CanI include employees or partners from overseas in my business operations while on the Business Owner Visa 890?

Yes, you can include employees or partners from overseas in your business operations while on the Business Owner Visa 890. However, they must also meet the eligibility criteria for the visa and be able to contribute to the success of the business. Additionally, their roles and responsibilities must be clearly defined and documented in your business plan submitted as part of your visa application.